The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-02-24

49, . ana 70 the counting In ana sasuls
aaIoh o. Inose officers stands upon ~ .ahAas
ca rom .naI OF other Stair ofiessag u
governor aud Lieutepant-coyerra.e sfa n
commissions as muniments Of ,i.,s rees'ss Z
noes. The only authentic recora :. Ihsis I
relating to their election ia found +, mats,
OF the TWO houses of shs General Ass sae lotrrss
the State officers who receive cora.s.,moiE Al
nave their oaths OF Office in,iorsaa nm
specuve commissions, and eer,;saa thai: :
r ra,ar oa ~ must De ed in the Office Of ~
which every public officer Of H. The osn
CURED to take before entering M. o.sts il \
OF his Office. Section 552l furthsr 'as data
memoers of the General Assemble a = ia,
ouch oath before taking their seats s shai tks
De entered on the journals, and ~ "Aca sAal
and Lleutenant-governor shall a.sa 'uoFesus,
oath IN the presence of both honsas - ssks sus
eral Assembly ia convention. and ,hs :. lie Gss
oe eh'ereA on the Journals thereof IN =. saal
VIII De seen tnat everything having rsl. .aa
the returns and contests of their :. ae.asion
counting them in, and to the in.asslons b
Governor and ACKNOWLEDGMENT y a1on d
committed to the General Assemhlrs Hauly
and as exclusively, | submit. az aaah aauch u
made the judge OF the electan -a.. nOuse
qualifications Of it's own msr,h.r. es ~ AL
ernor and Lieutenant governor msr ae Gos
be impeached by the House OF Ren-s, .ol causs
and tried and removed by the Sepa,s sa.a'l'es
III common with other State officers aa7
moved by q two-thirds vote of 49,, % ~
The courts, for the causes stated h.rs a ,nousss
~ nothing to do, either with indnct,ns - asos0iaa
ernor and ACKNOWLEDGEMENTS inta ~ uovs
with excluding them therefrom IN ~. u'aee Of
stance. or in getting them ont ~ ae ny, 10.
they may have forfeited their rishl - I've ats,
Under the peculiar structure of onr s,ass u nm
stltution these are political and hane. .ass .cn'
cial questions, and are committed ID II. ~ laa
ttical power of the State. " ae po
But it is claimed that the casa r...
that two persons claim the rich, r. Sssieo
the duties or the same Office, and that = .a lar
case the statute expressly AUTHORIZE . -. sssa
ing IN the nature of quo wa.ranto 70 s.. p,Oess
controversy, independently of anv n.s.a saea
OF the Constitution concerning con,.s.. s,sl0s
tons for Governor and Lieutenant cas.' ~
But the appellant bases his claim Of r;.a.a.
preside over the Senate on the assnmn,aa aa y
ne IS the duly elected and qualified and. D.ss MAJ
acting Lieutenant governor OF the Ssa.s 4sass
The rela-or of the appellee bases his el.;,,.
be recognized AS the presiding officer ~ ~. ~ z
ate upon the assumption that there il !, NJ ~
out vacancy in the Office of L;eu,ensn,...., -
ernor, and that. being a member OF sh.. ~ ~
he has, under the Constitution. been e,ssI
President pro tempore OF the Senate. which =.
fers upon him the exclusive right OF nress ~
over its deliberations. Each, therefore lss..
his claim upon title essentially different i,.s
the other Considering all the rela,or el,sr,
| he has not thereby become, In proper sspa
the Lieutenant governor of the State. "a n
still Senator, and as such entitled to yota n,m
| all questions coming before the Sonata Hs Sss
not occupy, and while remaining as Senator ~
not be mace to occupy, those snpernumerary =
lations to the Senate which are hy the Constisn
| ton imposed upon the Lieutenant -coysrno
| There is nothing in the Constitution or law d
| this State which prescribes the duties Of prss
ident pro tempore Of the Senate, or confers npou
him any fixed term of Office. Under the ps,is.
mentary law, to which we must alone look d
the absence of any constitutional or stair,
tory provision on the subject the Pres
| ident pro tempore of the Senate Is orly
its presiding officer during the pleasure Of Asi
body. He may be removed at any time by vol,
| of the Senate or the election of some other Sen
| ator to the same position. At all events, Iii
term cannot extend beyond the Legislative ts,a
| during which he is elected. Every fourth veal,
| therefore, his term Of Office must at the utmost
| expire about two months before the end OF III
current term Of Lieutenant governor. ION tha
subject see Section 3. Article 4. of the Conss
/ tuition: also, Section g. Article 5. OF the sanl
4
| appellant cannot, with propriety, be consdHa
claimants to the same Office. The points Of so
lision between them are III generis, and do not
| as conceive, present case either authorizing
or requiring judicial attention.
The condition Of things complained Of Is really
one of DISCRIMINATION between the two houisi
Of the General Assembly. one recognizing To
appellant rs the lawfully-elected and duly qush
fed Lieutenant-governor Of the State, and III
| az loc h ia 80 hat
This condition of disorganization develops
controversy over which tine courts, on genera
principles. have no jurisdiction. and conesrulas
which no court can exercise even the slignns'
control Il presents a case for Legislative. aod
consequently, not judicial arbitrament 30
as am able 10 perceive, the Senate has TIE %
questionable right to determine who is ennsles
to act rs its presiding officer. Section lo' Afs
Gle 4, OF the Constitution declsres thai saea
house shall have all powers necessary ioi
branch of the legislative department OF "
and independent State This provision 70 noa
ing more than an affirmation OF the pariianslf
AIRY laws as applicable to the separate pes =
and relative to the Independence OF tne ~ '.
houses of a legislative body like our w.
eraf Assembly. Each house is entitsa =
decide every question which falls within ~ ~ y.
exclusive jurisdiction. When, therefore, .Dsn
is contest as to which of the two persons = !.
titled to preside over the Senate, the quss..s
from the very necessity of the situation, 80
one which the Senate must decide W.,
a matter of abstract law, decide ncosresu!,, y I.
If it shall know of no tribunal TINS soe ~ Y. i
ballot box which is authorized 70 reNss Al. 4
cision. It has all the DETERMINATION aaa y; ~. n
, force necessary for the enforcement u ~. I, !
rules and orders. and as much power " :. sa -
spect as any other tribunal which GOES uJ :. =,
mand the military forces OF the Sta1e. :. MI
under parliamentary law, punish peIsou. 80
, of a contempt of its authority. see eu -, n
Parliamentary Law, paragraphs TOO ana ~ !, 8
is also recognized as an existing pow .,;..ts
tons Ia and 10, Article T. OF the oohs J. 6
i, In short, neither house either neeas s.,m j
titled to receive any aid or ASSISTANCE ~. sats
conrts in the performance OF the various .s. i
| which the Constitution has devoissa s.,ass
: Then, too, I know of nothing 10 tne os .nr mi
or in any statute or prescribed oy s a. 8 D
nentarv law which designates any oil.s hoaz
: person entitled to preside when tns ~. -" !, !, u
meet in Joint convention. The rlgn s. ,rieb!b
ticular person or officer to thus presas bou,d
established by joint rule OF tns mssss .
Init the complaint in this case n sssurst
/. mention of such joint rue .-;s,su.s,
: therefore that no such rule IS IN . sa me n
. have no reason for believing thas W." ~ na,,er
r houses assemble in joint. an asslss III uaons
a of the body thus composed may mol co. 81 .u.ha
q ever i pleases to the Presidents char .. I,
$ ize him to preside for the osss I'D Stsss I
Q most usually been the custom IN 'prssidebsf
{ either the Leutenant-governoI - .v.h occssssss